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Article • December 14, 2017
Deference to Prison Officials Jury Instruction Improper in Medical Care Case by The Ninth Circuit Court of Appeals issued an opinion in a prisoner’s civil rights action that made significant holdings in regards to jury instructions. First, it held that when a pro se litigant fails to object to a …
Article • December 14, 2017
Changes to California’s Parole Scheme Not Unconstitutional by The Ninth Circuit Court of Appeals held the most recent voter approved changes to California’s parole laws do not violate the ex post facto clause. In 1988, California voters passed proposition 89, which amended the California constitution to grant the governor the …
Article • December 14, 2017
Ninth Circuit: Merits Decision Excuses Procedurally Flawed Exhaustion by Mark Wilson by Mark Wilson The United States Court of Appeals for the Ninth Circuit held that a prisoner who fails to comply with prison grievance procedural requirements nevertheless exhausts administrative remedies if prison officials deny the grievances on the merits. …
Article • December 14, 2017
Filed under: Appeals, Parole, Habeas Corpus
California Court of Appeals Vacates Parole Denial for Claiming Innocence by Matthew Clarke by Matt Clarke On September 1, 2015, a California court of appeal vacated the decision of the Board of Parole Hearings to deny parole to a prisoner who had been convicted of first-degree murder and sentenced to …
Article • December 14, 2017
Filed under: Parole
California Court of Appeals Holds Consecutive Sentence Begins When Prisoner Found Suitable for Parole by In a decision handed down on May 14, 2015, a California court of appeals held that a prisoner's consecutive sentence for a felony committed while incarcerated (custodial felony) begins on the date he is found …
Article • December 13, 2017
Filed under: Sentencing
Despite Opposition, California Governor Moves to Reduce Prison Terms by Matthew Clarke by Matt Clarke When California Governor Jerry Brown announced his intention of getting a voter initiative to reduce the length of time nonviolent prisoners would spend in prison onto the ballot, it engendered opposition ... and a sense …
Brief • December 13, 2017
Manning v Powers PI Order 2017 Case 2:17-cv-07832-DDP-GJS Document 47 Filed 12/13/17 Page 1 of 17 Page ID #:445 1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 CENTRAL DISTRICT OF CALIFORNIA 12 13 SHERMAN MANNING, an individual, 14 Plaintiff, 15 16 17 18 …
Silverman v. County of Los Angeles, CA, Request for Dismissal, Sexual Harassment, 2017 "- ... ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, a n d ~ } : W. SMITH .....GREGORY DIANA WANG WELLS FOR COURT USE ONLY {SBN 134385) (SBN 284215)/LEILA K. AL FAIZ (SBN 284309} LAW …
Article • December 7, 2017
Filed under: Failure to Treat
California Prisoner's Claim of Untreated Tooth Pain Survives Summary Judgment by Lonnie Burton by Lonnie Burton On September 16, 2014, United States District Judge William Alsup, sitting in the Northern District of California, issued an order granting in part and denying in part a motion for summary judgment filed by …
Article • December 7, 2017
Class Action Member May File Independent Suit to Protect Individual Need by David Reutter by David Reutter A California federal district court granted limited injunctive relief to a state prisoner in a deliberate indifference suit against the California Correctional Training Facility (CTF) doctors. The court held that an individual member …
Article • December 7, 2017
$61,500 Settlement in Death of a Federal Prisoner by The Federal Bureau of Prisons (BOP) agreed to a $61,500 settlement in a 28 U.S.C. §1331 civil suit filed by a federal prisoner, substituted by his family as plaintiffs after the alleged wrongful death of the prisoner. The initial complaint alleged …
Brief • December 7, 2017
USA v. Valdivia-Flores, CA, Opinion, Due Process Violation, Immigration, 2017 FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, No. 15-50384 D.C. No. 3:14-cr-03700-BAS-1 v. JOSE ALEJANDRO VALDIVIAFLORES, AKA Francisco CruzMendoza, Defendant-Appellant. OPINION Appeal from the United States District Court for the Southern …
The People v. Shaw, CA, Appeal Brief, Burglary, 2017 Filed 12/7/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE THE PEOPLE, Plaintiff and Respondent, A148997 v. (San Francisco County Super. Ct. No. SCN224910) LINDA SHAW, Defendant and Appellant. Defendant James1 …
California Prisons Struggle with Environmental Threats from Sewage Spills, Contaminated Water, Airborne Disease by Rick Anderson by Rick Anderson "When I walk into my cell and see a [toilet] bowl full of brown water, I’m reminded of my status in the world; I’m reminded of my value. All the pious …
Pressure from Advocacy Group Leads University of California to Partially Divest from Wells Fargo by Christopher Zoukis by Christopher Zoukis Following demands from the Afrikan Black Coalition (ABC), the University of California has agreed to terminate $475 million worth of contracts with Wells Fargo Bank. According to a press release …
Article • December 5, 2017 • from PLN December, 2017
$1.275 Million Settlement for Los Angeles County Jail Whistleblower by Lonnie Burton by Lonnie Burton In May 2017, a former Los Angeles County sheriff’s deputy who worked at the L.A. County jail and helped send colleagues to prison for obstructing an FBI investigation was set to receive $1.275 million after …
Brief • December 5, 2017
Filed under: Failure to Treat
Mkrtchyan v. Sacramento, CA, Complaint, 2017 Case 2:17-cv-02366-TLN-KJN Document 4 Filed 12/05/17 Page 1 of 34 1 2 3 4 Patrick H. Dwyer, SBN 137743 P.O. Box 1705 Penn Valley, CA 95946 Tel: (530) 432-5407; Fax: (530) 432-9122 Email: pdwyer@pdwyerlaw.com Attorney for Plaintiff Aram Mkrtchyan IN THE UNITED STATES DISTRICT …
Brief • December 4, 2017
Delaney v. County of Los Angeles, CA, Settlement Agreement, Negligence (Auto Accident), 2017 ;SETILl!31\W!i:!:'i\~1lltE~N'ItAND GENE~ Itt~L'.&A$~ s.raJ~ SEt'ft~M.EN:1?:KGI,{,~1$~1.'tt\~$1:Q-'OENETuAL.RELE.;NSE::·~h~tei)i?rJ:.~r-,t~f'erred'. ·!~~n~,!~i;r.cl!i!r:ii J~tigatlb:n tentitled' ,Ni:fegan. l::>elaney,,~~t:alc,wt ·_ ; of iJ:,os: Angeles;,. e~ :a'ldi!ttM ihos': Angeles· '.~,g1!Jj~'·'.$.:up~tforiG6.iiff;_;G~ .NQ;'1JQ~'?-(),~7; ~~r~ .:iifulirtef~if.oojfo.as tf.S.~IBt:1; RX~.P 0:tE?'.)', WIIBNJ<::S'SES'. ~!?G3f~~?i!Jii=iii~!~t~if!~ .assenin:::::l~iit::i1:t;r-~~:~iti~;,~t~1;:1::~f;t~=1-~!;!mf:~~m$ ~ii5t¼~:}1:!=Jtit::!'~!a"~:atiieh~~t::,::!:1! 1 :$$IE¢&t~~HEREF~~~;irr @~$;.<i·~rfltfort 2f.ill~jjronli§es h erii ittcol}t~m~:a.; …
Article • December 1, 2017
California Attorney Invoices Not Categorically Exempt from PRA Disclosure by Mark Wilson by Mark Wilson The California Supreme Court held that legal billing statements in closed cases are not categorically exempt from disclosure under California&rsquo;s Public Records Act (PRA). Modeled after the federal Freedom of Information Act (FOIA), the California …
Brief • December 1, 2017
Filed under: Failure to Treat
Ames v. County of San Bernardino, CA, Claim, Denial of Medical Care, 2017 CLAIM AGAINST COUNTY OF SAN BERNARDINO {CLAIM FORM MUST BE FILLED OUT PROPERLY OR CLAIM WILL BE RETURNED WITHOUT FIUNG) DATE: 11/27/2017 Claim Is her&by made against the treasury of the County of San Bernardino, State of …
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